WORLD TRADE  
ORGANIZATION  WT/DS174/25/Add.3 
WT/DS290/23/Add.3 11 April 2006 
 
(06-1731) 
 Original:   English 
  
 
EUROPEAN COMMUNITIES – PROTECTION OF TRADEMARKS 
AND GEOGRAPHICAL INDICATIONS FOR AGRICULTURAL 
PRODUCTS AND FOODSTUFFS 
 
Status Report by the European Communities
 
 
Addendum  
   The following communication, dated 10 April 2006, from the delegation of the European 
Communities to the Chairman of the Dispute Settl ement Body, is circulated in accordance with 
Article 21.6 of the DSU.  
_______________ 
 
 
Status Report Regarding Implementation of the
 
DSB Recommendations and Rulings in the Dispute  
European Communities – Protection of Trademarks and  
Geographical Indications for Agricultural Products and Foodstuffs  
(WT/DS174, WT/DS290)  
 
  The European Communities submits this re port in accordance with Article 21.6 of the 
Understanding on Rules and Procedures Governing the Settlement of Disputes . 
  On 20 April 2005, the Dispute Settlement Body (the "DSB") adopted the Panel Reports in 
European Communities – Protection of Trademarks and Geographical Indications for Agricultural 
Products and Foodstuffs .  At the DSB meeting of 19 May 2005, the European Communities 
confirmed its intention to implement the recommendati ons and rulings of the DSB in this dispute and 
stated that it would require a "reasonable period of time" in which to do so, pursuant to Article 21.3 of 
the Understanding on Rules and Procedures Governing the Settlement of Disputes  (the "DSU"). 
 
 On 9 June 2005 the parties notified the DSB that  pursuant to Article 21.3(b) of the DSU they 
had agreed that the reasonable period of time for the European Communities to implement the 
recommendations and rulings of the DSB in this di spute would be 11 months and 2 weeks and would 
therefore expire on 3 April 2006. 
 
 On 23 December 2005, the European Commis sion proposed to the Council a revised 
regulation on geographical indications for agricu ltural and foodstuffs which would implement the 
recommendations and rulings of the DSB.   Fo llowing discussions within the Council and the 
European Parliament, the new Regulation (Counc il Regulation (EC) No 510/2006 of 20 March 2006 
on the protection of geographical indications and desi gnations of origin for agricultural products and 
foodstuffs) was adopted and published in the O fficial Journal of the European Union on 
31 March 2006.  The Regulation ente red into force on 31 March 2006. WT/DS174/25/Add.3 
WT/DS290/23/Add.3 Page 2 
 
 
   
The European Communities have, thus, fully complied with the DSB rulings and 
recommendations in this dispute within the r easonable period of time agreed upon between the 
parties.   WT/DS174/25/Add.3 
 WT/DS290/23/Add.3 
 Page 3 
 
 
  COUNCIL REGULATION (EC) No 510/2006 
of 20 March 2006 
on the protection of geographical indications and 
designations of origin for agricultural products and foodstuffs 
 
 THE COUNCIL OF THE EUROPEAN UNION,   Having regard to the Treaty establishing the Euro pean Community, and in particular Article 37 
thereof,  
 Having regard to the proposal from the Commission,   Having regard to the opinion of the European Parliament
1,  
 
Whereas:   (1) The production, manufacture and distribution of  agricultural products and foodstuffs play an 
important role in the Community economy.  
 
(2) The diversification of agricultural production should be encouraged so as to achieve a better 
balance between supply and demand on the mark ets. The promotion of products having 
certain characteristics can be of considerable be nefit to the rural economy, particularly in less 
favoured or remote areas, by improving the incomes of farmers and by retaining the rural population in these areas. 
 
(3) A constantly increasing number of consumers attach greater importance to the quality of 
foodstuffs in their diet rather than to quantit y. This quest for specific products generates a 
demand for agricultural products or foodstuffs with an identifiable geographical origin.  
 (4) In view of the wide variety of products marketed and the abundance of product information 
provided, the consumer should, in order to be ab le to make the best choices, be given clear 
and succinct information regarding the product origin. 
 (5) The labelling of agricultural products and foodst uffs is subject to the general rules laid down 
in Directive 2000/13/EC of the European Pa rliament and of the Council of 20 March 2000 on 
the approximation of the laws of the Member States relating to the labelling, presentation and 
advertising of foodstuffs.
2  In view of their specific nature, additional special provisions 
should be adopted for agricultural products a nd foodstuffs from a defined geographical area 
requiring producers to use the appropriate Comm unity symbols or indications on packaging. 
The use of such symbols or indications should be made obligatory in the case of Community designations, on the one hand, to make this cate gory of products and the guarantees attached 
to them better known to consumers and, on the ot her, to permit easier identification of these 
products on the market so as to facilitate ch ecks. A reasonable length of time should be 
allowed for operators to adjust to this obligation. 
 (6) Provision should be made for a Community approach to designations of origin and 
geographical indications. A framework of Community rules on a system of protection permits 
                                                     
 
1 Not yet published in the Official Journal. 
2 OJ L 109, 6.5.2000, p. 29. Directive as last amended by Directive 2003/89/EC (OJ L 308, 25.11.2003, 
p. 15). WT/DS174/25/Add.3 
WT/DS290/23/Add.3 Page 4 
 
 
  the development of geographical indications and designations of origin since, by providing a 
more uniform approach, such a framework ensu res fair competition between the producers of 
products bearing such indications and enha nces the credibility of the products in the 
consumer's eyes. 
 
(7) The rules provided for should apply without interfering with existing Community legislation 
on wines and spirit drinks. 
 (8) The scope of this Regulation should be limited  to certain agricultural products and foodstuffs 
for which a link exists between product or f oodstuff characteristics and geographical origin. 
However, its scope could be enlarged to en compass other agricultural products or foodstuffs. 
 (9) In the light of existing practices, two different types of geographical description should be 
defined, namely protected geographical indica tions and protected designations of origin. 
 
(10) An agricultural product or foodstuff bearing such a description should meet certain conditions 
set out in a specification. 
 (11) To qualify for protection in the Member Stat es, geographical indications and designations of 
origin should be registered at Community level. Entry in a register should also provide 
information to those involved in the trade a nd to consumers. To ensure that Community-
registered names meet the conditions laid dow n by this Regulation, applications should be 
examined by the national authorities of the Memb er State concerned, subject to compliance 
with minimum common provisions, including a national objection procedure. The Commission should subsequently be involved in a scrutiny procedure to ensure that 
applications satisfy the conditions laid down by  this Regulation and that the approach is 
uniform across the Member States. 
 (12) The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement 
1994, contained in Annex 1C to the Agreemen t establishing the World Trade Organisation) 
contains detailed provisions on the availa bility, acquisition, scope, maintenance and 
enforcement of intellectual property rights. 
 (13) The protection afforded by this Regulation,  subject to registration, should be open to the 
geographical indications of third countries where these are protected in their country of origin.  
 
(14) The registration procedure should enable a ny natural or legal person having a legitimate 
interest in a Member State or a third country  to exercise their rights by notifying their 
objections.  
 (15) There should be procedures to permit amen dment of specifications on request of groups 
having a legitimate interest, after registrati on, in the light of technological progress and 
cancellation of the geographical indication or desi gnation of origin for an agricultural product 
or foodstuff, in particular if that product or  foodstuff ceases to conform to the specification on 
the basis of which the geographical indication or designation of origin was granted. 
 
(16) The designations of origin and geographical  indications protected on Community territory 
should be subject to a monitoring system of offi cial controls, based on a system of checks in 
line with Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to en sure the verification of compliance with feed  WT/DS174/25/Add.3 
 WT/DS290/23/Add.3 
 Page 5 
 
 
  and food law, animal health and animal welfare rules3, including a system of checks to ensure 
compliance with the specification of the agri cultural products and foodstuffs concerned. 
 (17) Member States should be authorised to charge a fee to cover the costs incurred. 
 
(18) The measures necessary for the implementati on of this Regulation should be adopted in 
accordance with Council Decision 1999/468/EC of  28 June 1999 laying down the procedures 
for the exercise of implementing powers conferred on the Commission.
4 
 
(19) The names already registered under Council Regulation (EEC) No 2081/92 of 14 July 1992 
on the protection of geographical indications and designations of origin for agricultural 
products and foodstuffs5 on the date of entry into force of  this Regulation should continue to 
be protected under this Regulation and automa tically included in the register. Provision 
should also be made for transitional measures a pplicable to registration applications received 
by the Commission before the entry in to force of this Regulation.  
 (20) In the interests of clarity and transparency , Regulation (EEC) No 2081/92 should be repealed 
and replaced by this Regulation,  
 HAS ADOPTED THIS REGULATION:  
 
Article 1 
 
Scope 
 1. This Regulation lays down the rules on th e protection of designations of origin and 
geographical indications for agricultural products intended for human consum ption listed in Annex I 
to the Treaty and for foodstuffs listed in Annex I to this Regulation and for ag ricultural products listed 
in Annex II to this Regulation.   It shall not, however, apply to wine-sector products, except wine vinegars, or to spirit drinks. This 
paragraph shall be without prejudice to the app lication of Council Regulation (EC) No 1493/1999 of 
17 May 1999 on the common organisation of the market in wine.
6  
 Annexes I and II to this Regulation may be amende d in accordance with the procedure referred to in 
Article 15(2). 
 
2. This Regulation shall apply without prej udice to other specific Community provisions. 
 3. Directive 98/34/EC of the European Parlia ment and of the Council of 22 June 1998 laying 
down a procedure for the provision of information in  the field of technical standards and regulations 
and of rules on Information Society Services
7 shall not apply to the designations of origin and 
geographical indications covered by this Regulation. 
 
                                                      
3 OJ L 165, 30.4.2004, p. 1. Corrected version in OJ L 191, 28.5.2004, p. 1. 
4 OJ L 184, 17.7.1999, p. 23. 
5 OJ L 208, 24.7.1992, p. 1. Regulation as last amended by Regulation (EC) No 806/2003 (OJ L 122, 
16.5.2003, p. 1). 
6 OJ L 179, 14.7.1999, p. 1.   
7 OJ L 204, 21.7.1998, p. 37.   WT/DS174/25/Add.3 
WT/DS290/23/Add.3 Page 6 
 
 
  Article 2 
 
Designation of origin and geographical indication 
 1. For the purpose of this Regulation: 
 
(a) ‘designation of origin ’ means the name of a region, a specific place or, in exceptional cases, a 
country, used to describe an agricultural product or a foodstuff: 
  – originating in that region, specific place or country,  
  – the quality or characteristics of which are ess entially or exclusively due to a particular 
geographical environment with its inhere nt natural and human factors, and  
  – the production, processing and preparati on of which take place in the defined 
geographical area;  
 
(b) ‘geographical indication ’ means the name of a region, a specific place or, in exceptional cases, 
a country, used to describe an agricultural product or a foodstuff:  
  – originating in that region, specific place or country, and   
 – which possesses a specific quality, reputation or other characteristics attributable to 
that geographical origin, and  
  – the production and/or processing and/or preparation of which take place in the 
defined geographical area. 
 
2. Traditional geographical or non-geographical names designating an agricultural product or a 
foodstuff which fulfil the conditions referred to in  paragraph 1 shall also be considered as 
designations of origin or geographical indications.   3. Notwithstanding paragraph 1(a), certain ge ographical designations shall be treated as 
designations of origin where the raw materials fo r the products concerned come from a geographical 
area larger than, or different from, the processing area, provided that:  (a) the production area of the raw materials is defined;  
(b) special conditions for the production of the raw materials exist; and 
 (c) there are inspection arrangements to ensure that the conditions referred to in point (b) are 
adhered to. 
 The designations in question must have been recognised as designations of origin in the country of 
origin before 1 May 2004. 
  WT/DS174/25/Add.3 
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  Article 3 
 
Generic nature, conflicts with names of plant varieties, 
animal breeds, homonyms and trademarks 
 
1. Names that have become generic may not be registered.  
For the purposes of this Regulation, a ‘name that has become generic ’ means the name of an 
agricultural product or a foodstuff which, although it relates to the place or the region where this 
product or foodstuff was originally produced or marketed, has become the common name of an 
agricultural product or a foodstuff in the Community.  To establish whether or not a name has become gene ric, account shall be taken of all factors, in 
particular: 
 (a) the existing situation in the Member States and in areas of consumption;  
 (b) the relevant national or Community laws.   
2. A name may not be registered as a designation of origin or a geographical indication where it 
conflicts with the name of a plant variety or an animal breed and as a result is likely to mislead the 
consumer as to the true origin of the product.   3. A name wholly or partially homonymous with  that of a name alread y registered under this 
Regulation shall be registered with due regard fo r local and traditional usage and the actual risk of 
confusion. In particular:   (a) a homonymous name which misleads the consum er into believing that products come from 
another territory shall not be registered even  if the name is accurate as far as the actual 
territory, region or place of origin of the agri cultural products or foodstuffs in question is 
concerned;  
 (b) the use of a registered homonymous name shall be subject to there being a sufficient 
distinction in practice between the homonym regi stered subsequently and the name already on 
the register, having regard to the need to treat  the producers concerned in an equitable manner 
and not to mislead the consumer.  
 4. A designation of origin or geographical indication shall not be registered where, in the light of 
a trademark's reputation and renown and the length of time it has been  used, registration is liable to 
mislead the consumer as to the true identity of the product.  
Article 4 
 
Product specification 
 
1. To be eligible for a protected designation of origin (PDO) or a protected geographical 
indication (PGI), an agricultural product or foodstuff shall comply with a product specification.  
 2. The product specification shall include at least:   (a) the name of the agricultural product or foods tuff comprising the designation of origin or the 
geographical indication;  WT/DS174/25/Add.3 
WT/DS290/23/Add.3 Page 8 
 
 
   
(b) a description of the agricultural product or  foodstuff, including the raw materials, if 
appropriate, and principal physical, chemical, microbiological or organoleptic characteristics 
of the product or the foodstuff;  
 
(c) the definition of the geographical area and,  where appropriate, details indicating compliance 
with the requirements of Article 2(3); 
 (d) evidence that the agricultural product or the foodstuff originates in the defined geographical 
area referred to in Article 2(1)(a) or (b), as the case may be;  
 (e) a description of the method of obtaining the agricultural product or foodstuff and, if 
appropriate, the authentic and unvarying local  methods as well as information concerning 
packaging, if the applicant group within the me aning of Article 5(1) so determines and gives 
reasons why the packaging must take place in the defined geographical area to safeguard 
quality or ensure the origin or ensure control;  
 (f) details bearing out the following:   (i) the link between the quality or characteris tics of the agricultural product or foodstuff 
and the geographical environment referred to  in Article 2(1)(a) or, as the case may be, 
  (ii) the link between a specific quality, the reputation or other characteristic of the 
agricultural product or foodstuff and the geographical origin referred to in 
Article 2(1)(b); 
 
(g) the name and address of the authorities or bodies verifying compliance with the provisions of 
the specification and their specific tasks;  
 (h) any specific labelling rule for the agricu ltural product or foodstuff in question;  
 
(i) any requirements laid down by Community or national provisions. 
 
Article 5 
 
Application for registration 
 1. Only a group shall be entitle d to apply for registration.  
 
For the purposes of this Regulation, ‘group ’ means any association, irrespective of its legal form or 
composition, of producers or processors working with the same agricultural product or foodstuff. 
Other interested parties may participate in the gr oup. A natural or legal pe rson may be treated as a 
group in accordance with the detailed rul es referred to in Article 16(c).  
 In the case of a name de signating a trans-border geographical area  or a traditional name connected to 
a trans-border geographical area, several groups may lodge a joint application in accordance with the 
detailed rules referred to in Article 16(d). 
 2. A group may lodge a registration application onl y for the agricultural products or foodstuffs 
which it produces or obtains.   
3. The application for registration shall include at least:   WT/DS174/25/Add.3 
 WT/DS290/23/Add.3 
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(a) the name and address of the applicant group;  (b) the specification provided for in Article 4; 
 
(c) a single document setting out the following:    (i) the main points of the specification: the name, a description of the product, including, 
where appropriate, specific rules concerning packaging and labelling, and a concise 
definition of the geographical area, 
  (ii) a description of the link between the product and the geographical environment or 
geographical origin referred to in Article 2( 1)(a) or (b), as the case may be, including, 
where appropriate, the specific elements of the product description or production 
method justifying the link.
   
 4. Where the registration application relates to a geographical area in a given Member State, the application shall be addressed to that Member State.   The Member State shall scrutinise the application by appropriate means to check that it is justified and 
meets the conditions of this Regulation. 
 5. As part of the scrutiny referred to in the second subparagraph of pa ragraph 4, the Member 
State shall initiate a national objection procedure en suring adequate publication of the application and 
providing for a reasonable period within which any natu ral or legal person having  a legitimate interest 
and established or resident on its territory ma y lodge an objection to the application.  
 The Member State shall consider the admissibility of  objections received in the light of the criteria 
referred to in the first subparagraph of Article 7(3).  If the Member State considers that the requirements of this Regulation are met, it shall take a 
favourable decision and forward to the Commission the documents referred to in paragraph 7 for a 
final decision. If not, the Member State shall decide to reject the application.  The Member State shall ensure that its favourable d ecision is made public and th at any natural or legal 
person having a legitimate interest has means of appeal. 
 
The Member State shall ensure that the version of  the specification on which its favourable decision is 
based is published, and assure electronic access to the specification.   6. The Member State may, on a transitional basi s only, grant protection under this Regulation at 
national level to the name, and, where appropriate, an  adjustment period, with effect from the date on 
which the application is lodged with the Commission.  
 The adjustment period provided for in the first subparagraph may be granted only on condition that 
the undertakings concerned have legally marketed the products in question, using the names concerned continuously for at least the past five  years and have made that point in the national 
objection procedure referred to in the first subparagraph of paragraph 5.  
 Such transitional national protection shall cease on the date on which a decision on registration under 
this Regulation is taken.  WT/DS174/25/Add.3 
WT/DS290/23/Add.3 Page 10 
 
 
  The consequences of such transitional national protec tion, where a name is not registered under this 
Regulation, shall be the sole responsibility of the Member State concerned.   The measures taken by Member States under the firs t subparagraph shall produ ce effects at national 
level only, and they shall have no effect on intra-Community or international trade.  
 7. In respect of any favourable decision as referre d to in the third subparagraph of paragraph 5, 
the Member State concerned shall forward to the Commission:   
(a) the name and address of the applicant group;  
 (b) the single document referred to in paragraph 3(c);  (c) a declaration by the Member State that it c onsiders that the application lodged by the group 
and qualifying for the favourable decision meet s the conditions of this Regulation and the 
provisions adopted for its implementation;  
 (d) the publication reference of the specificati on referred to in the fifth subparagraph of 
paragraph 5.  
 
8. Member States shall introduce the laws, regulations or administrative provisions necessary to 
comply with paragraphs 4 to 7 not later than 31 March 2007.   9. Where the registration application concerns a geographical area situated in a third country, it 
shall comprise the elements provided for in paragra ph 3 and also proof that the name in question is 
protected in its country of origin.  
 The application shall be sent to the Commission, eith er directly or via the authorities of the third 
country concerned.   10. The documents referred to in this Article sent to the Commission shall be in one of the official 
languages of the institutions of the European Uni on or accompanied by a certified translation in one 
of those languages.   
Article 6 
 
Scrutiny by the Commission 
 
1. The Commission shall scrutinise by appropria te means the application received pursuant to 
Article 5 to check that it is justified and meets the conditions laid down in this Regulation. This 
scrutiny should not exceed a period of 12 months.   
The Commission shall, each month, make public the list of names for which registration applications 
have been submitted to it, as well as thei r date of submission to the Commission. 
 2. Where, based on the scrutiny carried out pursuan t to the first subparagra ph of paragraph 1, the 
Commission considers that the conditions laid down in  this Regulation are met, it shall publish in the 
Official Journal of the European Union the single document and the reference to the publication of 
the specification referred to in the fifth subparagraph of Article 5(5).   Where this is not the case, the Commission shall decide, to reject the application, following the 
procedure referred to in Article 15(2).  WT/DS174/25/Add.3 
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Article 7 
 
Objection/decision on registration 
 
1. Within six months from the date of publication in the Official Journal of the European Union 
provided for in the first subparagraph of Article 6( 2), any Member State or third country may object 
to the registration proposed, by lodging a duly substantiated statement with the Commission.  
2. Any natural or legal person having a legitimat e interest, established or resident in a Member 
State other than that applying for the registration or  in a third country, may also object to the proposed 
registration by lodging a duly substantiated statement.   In the case of natural or legal pers ons established or resident in a Member State, such statement shall 
be lodged with that Member State within a tim e-limit permitting an objection in accordance with 
paragraph 1.   In the case of natural or legal pers ons established or resident in a third country, such statement shall 
be lodged with the Commission, either directly or via the authorities of the third country concerned, 
within the time limit-set in paragraph 1.  
 
3. Statements of objection shall be admissible only if they are received by the Commission within the time-limit set in paragraph 1 and if they:   (a) show non-compliance with the conditions referred to in Article 2; or  
 
(b) show that the registration of the name proposed would be contrary to pa ragraphs 2, 3 and 4 of 
Article 3; or  
 (c) show that the registration of the name propo sed would jeopardise the existence of an entirely 
or partly identical name or of a trademark or the existence of products which have been 
legally on the market for at least five years preceding the date of the publication provided for 
in Article 6(2); or  
 (d) give details from which it can be concluded th at the name for which registration is requested 
is generic within the meaning of Article 3(1). 
 
The Commission shall check the admissibility of objections.  The criteria referred to in points (b), (c) and (d) of the first subparagraph shall be evaluated in relation 
to the territory of the Community, which in the case of intellectual property rights refers only to the 
territory or territories where the said rights are protected.  
 
4. If the Commission receives no admissible objec tion under paragraph 3, it shall register the 
name.   The registration shall be published in the Official Journal of the European Union .  
 
5. If an objection is admissible under paragraph 3,  the Commission shall invite the interested 
parties to engage in appropriate consultations.   WT/DS174/25/Add.3 
WT/DS290/23/Add.3 Page 12 
 
 
  If the interested parties reach an agreement within six months, they shall notify the Commission of all 
the factors which enabled that agreement to be r eached, including the applicant's and the objector's 
opinions. If the details published in accordance with Ar ticle 6(2) have not been  amended or have been 
amended in only a minor way, to be defined in accordance with Article 16(h), the Commission shall 
proceed in accordance with paragraph 4 of this Ar ticle. The Commission shall otherwise repeat the 
scrutiny referred to in Article 6(1).   If no agreement is reached, the Commission shall ta ke a decision in accordance with the procedure 
referred to in Article 15(2), having regard to fa ir and traditional usage a nd the actual likelihood of 
confusion.  
 The decision shall be published in the Official Journal of the European Union .  
 6. The Commission shall maintain updated a regist er of protected designations of origin and 
protected geographical indications.  
 7. The documents referred to in  this Article sent to the Commission shall be drafted in an 
official language of the institutions of the Europ ean Union or accompanied by a certified translation 
into one of those languages.   
Article 8  
 
Names, indications and symbols 
 
1. A name registered under this Regulation may be used by any operator marketing agricultural 
product or foodstuffs conforming to the corresponding specification.  
 2. In the case of the agricultural products and f oodstuffs originating in the Community marketed 
under a name registered in accordance w ith this Regulation, the indications ‘protected designation of 
origin ’ and ‘protected geographical indication ’ or the Community symbols associated with them shall 
appear on the labelling.  
 3. In the case of agricultural products and food stuffs originating in third countries marketed 
under a name registered in accordance with this Regul ation the indications referred to in paragraph 2 
and the Community symbols associated with them may equally appear on the labelling. 
 
Article 9  
 
Approval of changes to specifications 
 
1. A group satisfying the conditions of Article 5(1)  and (2) and having a legitimate interest may 
apply for approval of an amendment to a specification,  in particular to take account of developments 
in scientific and technical knowledge or to re define the geographical area referred to in 
Article 4(2)(c).   
Applications shall describe and give r easons for the amendments requested.  
 2. Where the amendment involves one or more  amendments to the single document, the 
amendment application shall be covered by the proce dure laid down in Articles 5, 6 and 7. However, 
if the proposed amendments are only minor, the Commission shall decide whether to approve the 
application without following the procedure laid down in Article 6(2) and Article 7 and in the case of 
approval shall proceed to publication of th e elements referred to in Article 6(2).   WT/DS174/25/Add.3 
 WT/DS290/23/Add.3 
 Page 13 
 
 
   
3. Where the amendment does not involve any change to the single document, the following 
rules shall apply:  
(i) where the geographical area is in a given Member State, that Member State shall express its 
position on the approval of the amendment and, if it is in favour, shall publish the amended 
specification and inform the Commission of th e amendments approved and the reasons for 
them;  
 
(ii) where the geographical area is in a third country, the Commission shall determine whether to 
approve the proposed amendment.  
 4. Where the amendment concerns a temporary change in the specification resulting from the 
imposition of obligatory sanitary or phytosanitary measures by the public authorities, the procedures 
set out in paragraph 3 shall apply. 
 
Article 10 
 
Official controls 
 1. Member States shall designate the competent authority or authorities responsible for controls 
in respect of the obligations established by this Regulation in conformity with Regulation (EC) No 
882/2004.  2. Member States shall ensure th at any operator complying with this Regulation is entitled to be 
covered by a system of official controls.  
 3. The Commission shall make public the name  and address of the authorities and bodies 
referred to in paragraph 1 or in Ar ticle 11 and update it periodically.  
 
Article 11  
 
Verification of compliance with specifications 
 
1. In respect of geographical indications and d esignations of origin relating to a geographical 
area within the Community, verification of complia nce with the specifications, before placing the 
product on the market, shall be ensured by:  
 
– one or more competent authorities referred to in Article 10 and/or  
 
– one or more control bodies within the meani ng of Article 2 of Regulation (EC) No 882/2004 
operating as a product certification body. 
 The costs of such verification of compliance with the specifications shall be borne by the operators 
subject to those controls.  
 
2. In respect of the geographical indications and designations of origin relating to a geographical 
area in a third country, verification of compliance with the specifications, before placing the product 
on the market, shall be ensured by:   – one or more public authorities designated by the third country and/or  
 WT/DS174/25/Add.3 
WT/DS290/23/Add.3 Page 14 
 
 
  – one or more product certification bodies.  
 3. The product certification bodies referred to in pa ragraphs 1 and 2 shall comply with and, from 
1 May 2010 be accredited in accordance with Eu ropean standard EN 45011 or ISO/IEC Guide 65 
(General requirements for bodies opera ting product certification systems). 
 4. Where, the authorities referred to in paragra phs 1 and 2, have chosen to verify compliance 
with the specifications, they shall offer adequate  guarantees of objectivity and impartiality, and have 
at their disposal the qualified staff and resources necessary to carry out their functions. 
 
Article 12 
 
Cancellation 
 
1. Where the Commission, in accordance with th e detailed rules referred to in Article 16(k), 
takes the view that compliance with the conditions of the specification for an agricultural product or 
foodstuff covered by a protected name is no longer en sured, it shall initiate the procedure referred to 
in Article 15(2) for the cancellation of the re gistration, which shall be published in the Official 
Journal of the European Union .  
 
2. Any natural or legal person having a leg itimate interest, may request cancellation of the 
registration, giving reasons for the request.   The procedure provided for in Articles 5, 6 and 7 shall apply mutatis mutandis .  
 
Article 13 
 
Protection 
 
1. Registered names shall be protected against: 
 
(a) any direct or indirect commercial use of a regi stered name in respect of products not covered 
by the registration in so far as those products are comparable to the products registered under that name or in so far as using the name exploits the reputation of the protected name; 
 
(b) any misuse, imitation or evocation, even if the true origin of the product is indicated or if the 
protected name is translated or accompanied by an expression such as ‘style’, ‘type’, ‘method ’, 
‘as produced in ’, ‘imitation ’ or similar;  
 
(c) any other false or misleading indication as to  the provenance, origin , nature or essential 
qualities of the product, on the inner or outer p ackaging, advertising material or documents 
relating to the product concerned, and the pack ing of the product in a container liable to 
convey a false impression as to its origin; 
 
(d) any other practice liable to mislead the consumer as to the true origin of the product. 
 Where a registered name contains within it the name of an agricultural product or foodstuff which is 
considered generic, the use of that generic name  on the appropriate agricultural product or foodstuff 
shall not be considered to be contrary to points (a) or (b) in the first subparagraph.  
 
2. Protected names may not become generic.   WT/DS174/25/Add.3 
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  3. In the case of names for which registration is  applied for under Article 5, provision may be 
made for a transitional period of up to five year s under Article 7(5), solely where a statement of 
objection has been declared admissible on the grounds  that registration of the proposed name would 
jeopardise the existence of an entirely or partly id entical name or the existence of products which 
have been legally on the market for at least five years preceding the date of the publication provided 
for in Article 6(2).  A transitional period may also be set for undertak ings established in the Member State or third 
country in which the geographical area is located , provided that the undertakings concerned have 
legally marketed the products in question, using th e names concerned continuously for at least five 
years preceding the date of the publication referred to in Article 6(2) and have noted that point in the 
national objection procedure referred to in the firs t and second subparagraphs of Article 5(5) or the 
Community objection procedure referred to in Arti cle 7(2). The combined total of the transitional 
period referred to in this subparagr aph and the adjustment period refe rred to in Article 5(6) may not 
exceed five years. Where the adjustment period refe rred to in Article 5(6) exceeds five years, no 
transitional period shall be granted.  4. Without prejudice to Article 14, the Commission may decide to allow, under the procedure provided for in Article 15(2), the coexistence of  a registered name and an unregistered name 
designating a place in a Member State or in a thir d country where that name is identical to the 
registered name, provided that all the following conditions are met:  
 (a) the identical unregistered name has been in le gal use consistently and equitably for at least 25 
years before 24 July 1993; 
 
(b) it is shown that the purpose of its use has not at any time been to profit from the reputation of 
the registered name and that the consumer has not been nor could be misled as to the true origin of the product; 
 (c) the problem resulting from the identical names was raised before registration of the name.  
 
The registered name and the identical unregistere d name concerned may co-exist for a period not 
exceeding a maximum of 15 years, after which the unregistered name shall cease to be used.  
 Use of the unregistered geographical name concerne d shall be authorised only where the country of 
origin is clearly and visibly indicated on the label. 
 
Article 14 
 
Relations between trademarks, designations of origin and 
geographical indications 
 1. Where a designation of origin or a geographical  indication is registered under this Regulation, 
the application for registration of a trademark corre sponding to one of the situations referred to in 
Article 13 and relating to the same class of product shall be refused if the application for registration 
of the trademark is submitted after the date of submission of the registration application to the 
Commission.  
 
Trademarks registered in breach of the first subparagraph shall be invalidated.  
 2. With due regard to Community law, a tradem ark the use of which corresponds to one of the 
situations referred to in Article 13 which has been applied for, register ed, or established by use, if that WT/DS174/25/Add.3 
WT/DS290/23/Add.3 Page 16 
 
 
  possibility is provided for by the legislation concer ned, in good faith within the territory of the 
Community, before either the date of protection of the designation of origin or geographical indication 
in the country of origin or before 1 January 1996, may continue to be used notwithstanding the registration of a designation of origin or geogra phical indication, provided that no grounds for its 
invalidity or revocation exist as specified by First Council Directive 89/104/EEC of 21 December 
1988 to approximate the laws of the Member States relating to trade marks
8 or Council Regulation 
(EC) No 40/94 of 20 December 1993 on the Community trade mark.9  
 
Article 15 
 
Committee procedure 
 
1. The Commission shall be assisted by the Standing Committee on Protected Geographical Indications and Protected Designations of Origin.  
 
2. Where reference is made to this paragra ph, Articles 5 and 7 of Decision 1999/468/EC shall 
apply.  The period laid down in Article 5(6) of Decisi on 1999/468/EC shall be set at three months.  
 
3. The Committee shall adopt its own Rules of Procedure.  
 
Article 16 
 
Implementing rules 
 
In accordance with the procedure refe rred to in Article 15(2), detailed rules shall be adopted for the 
implementation of this Regulation. They shall cover in particular:  
 (a) a list of the raw materials referred to in Article 2(3);  
(b) the information that must be included in the product specification referred to in Article 4(2); 
 (c) the conditions under which a natural or legal person may be treated as a group;  
 (d) the submission of a registration appli cation for a name designating a trans-border 
geographical area as referred to in th e third subparagraph of Article 5(1);  
 (e) the content and method of transmission to the Commission of the documents referred to in 
Articles 5(7) and (9); 
 (f) objections referred to in Article 7, including rules on appropriate consultations between the 
interested parties;  
 (g) the indications and symbols referred to in Article 8;  (h) a definition of minor amendments as referred to in the second subparagraph of Article 7(5) 
and in Article 9(2), bearing in mind that a minor amendment cannot relate to the essential 
characteristics of the product or alter the link; 
                                                     
 
8 OJ L 40, 11.2.1989, p. 1. 
9 OJ L 11, 14.1.1994, p. 1.  WT/DS174/25/Add.3 
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(i) the register of designations of origin and ge ographical indications provided for in Article 7(6); 
 (j) the conditions for checking complia nce with the product specifications; 
 
(k) the conditions for cancellation of registration.   
Article 17 
 
Transitional provisions 
 
1. The names that, on the date of entry into for ce of this Regulation, are listed in the Annex of 
Commission Regulation (EC) No 1107/96
10 and those listed in the Annex of Commission on 
Regulation (EC) No 2400/9611 shall be automatically entered in the register referred to in Article 7(6) 
of this Regulation. The corresponding specifications sh all be deemed to be the specifications referred 
to in Article 4(1). Any specific transitional provisions associated with such registrations shall continue 
to apply.   2. In respect of pending applications, statem ents and requests received by the Commission 
before the date of entry into force of this Regulation:  
 
(a) the procedures in Article 5 shall not appl y, without prejudice to Article 13(3); and  
 (b) the summary of the specification drawn up in  conformity with Commission Regulation (EC) 
No 383/2004
12 shall replace the single document referred to in Article 5(3)(c).  
 
3. The Commission may adopt, if necessary, other transitional provisions in accordance with the 
procedure referred to in Article 15(2).   
Article 18 
 
Fees 
 
Member States may charge a fee to cover their costs, including those in curred in scrutinising 
applications for registration, statements of objec tion, applications for amendments and requests for 
cancellations under this Regulation.  
 
                                                     
 
10 Commission Regulation (EC) No 1107/96 of 12 June 1996 on the registration of geographical 
indications and designations of origin under the procedure laid down in Article 17 of Council Regulation (EEC) 
No 2081/92 (OJ L 148, 21.6.1996, p. 1). Regulation as last amended by Regulation (EC) No 704/2005 (OJ 
L 118, 5.5.2005, p. 14). 
11 Commission Regulation (EC) No 2400 /96 of 17 December 1996 on the entry of certain names in the 
'Register of protected designation of origin and protected geographical indications' provided for in Council 
Regulation (EEC) No 2081/92 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (OJ L 327, 18.12.1996, p. 11). Regulation as last amended by Regulation 
(EC) No 417/2006 (OJ L 72, 11.3.2006, p. 8). 
12 Commission Regulation (EC) No 383/2004 of 1 March 2004 laying down detailed rules for applying 
Council Regulation (EEC) No 2081/92 as regards the summary of the main points of the product specifications 
(OJ L 64, 2.3.2004, p. 16). WT/DS174/25/Add.3 
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  Article 19 
 
Repeal 
 Regulation (EEC) No 2081/92 is hereby repealed.  
 References made to the repealed Regulation shall be  construed as being made to this Regulation and 
should be read in accordance with th e correlation table in Annex III.  
 
Article 20 
 
Entry into force 
 
This Regulation shall enter into forc e on the day of its publication in the Official Journal of the 
European Union .  
 However, Article 8(2) shall apply with effect fro m 1 May 2009, without prejudice to products already 
placed on the market before that date.    
 
 This Regulation shall be binding in its entirety a nd directly applicable in all Member States.  
 Done at Brussels, 20 March 2006. 
 
  For the Council 
  The President 
  J. PRÖLL 
   WT/DS174/25/Add.3 
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  ANNEX I 
 
Foodstuffs referred to in Article 1(1) 
  
– beers, 
 – beverages made from plant extracts, 
 
– bread, pastry, cakes, confectionery and other baker's wares, 
 
– natural gums and resins, 
 
– mustard paste,  – pasta.
 
 WT/DS174/25/Add.3 
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  ANNEX II 
 
Agricultural products referred to in Article 1(1) 
  
– hay,  – essential oils,  
– cork, 
 – cochineal (raw product of animal origin),  – flowers and ornamental plants, 
 
– wool,  – wicker,  – scutched flax. 
 
  WT/DS174/25/Add.3 
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  ANNEX III 
 
CORRELATION TABLE 
 
Regulation (EEC) No 2081/92 This Regulation 
Article 1 Article 1 
Article 2(1) – 
Article 2(2) Article 2(1) 
Article 2(3) Article 2(2) 
Article 2(4) Article 2( 3), first subparagraph 
Article 2(5) – 
Article 2(6) Article 2(3), second subparagraph 
Article 2(7) – 
First, second and third subparagraphs of Article 3(1) First, second and third subparagraphs of Article 3(1) 
Article 3(1), fourth subparagraph – 
Article 3(2) Article 3(2) 
Article 3(3) – 
Article 4 Article 4 
Article 5(1), (2) and (3) Article 5(1), (2) and (3) 
Article 5(4) Article 5( 4), first subparagraph 
Article 5(5), first subparagraph Article 5(4), second subparagraph 
– Article 5(5) 
Article 5(5), second subparagraph Article 5(6), first subparagraph 
– Article 5(6), second subparagraph 
Article 5(5), third subparagraph Article 5(6), third subparagraph 
Article 5(5), fourth and fifth subparagraphs Article 5(6), fourth and fifth subparagraphs 
Article 5(5) sixth, seventh and eighth subparagraphs – 
– Article 5(7) 
Article 5(6) Article 5(8) 
– Article 5(9) and (10) 
Article 6(1), first subparagraph Article 6(1), first subparagraph 
Article 6(1), second subparagraph – 
Article 6(1), third subparagraph Ar ticle 6(1), second subparagraph 
Article 6(2) Article 6( 2), first subparagraph 
Article 6(3) and (4) Article 7(4) 
Article 6(5), first subparagraph Article 6(2), second subparagraph WT/DS174/25/Add.3 
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  Regulation (EEC) No 2081/92 This Regulation 
Article 6(5), second subparagraph – 
Article 6(6), first subparagraph – 
Article 6(6), second subparagraph Article 3(3) 
Article 7(1) Article 7(1) 
Article 7(2) – 
Article 7(3) Article 7( 2), first subparagraph 
– Article 7(2), second and third subparagraph 
Article 7(4) Article 7(3) 
Article 7(5) Article 7(5) 
– Article 7(6) and (7) 
– Article 8(1) 
Article 8 Article 8(2) 
– Article 8(3) 
Article 9, first subparagraph Article 9(1) 
Article 9, second and third subparagraphs Article 9(2) 
– Article 9(3) and (4) 
– Article 10(1) 
Article 10(1) – 
Article 10(2) Article 11(1) 
– Article 11(2) 
Article 10(3) Article 11(3) and (4) 
Article 10(4) – 
Article 10(5) Article 10(3) 
Article 10(6) Article 10(2) 
Article 10(7) Article 11(1), second subparagraph 
Article 11(1) to (3) – 
Article 11(4) Article 12(1) 
Article 11a(a) Article 12(2) 
Article 11a(b) – 
Articles 12 to 12d – 
Article 13(1) Article 13(1) 
Article 13(3) Article 13(2) 
Article 13(4) Article 13(3), first subparagraph  WT/DS174/25/Add.3 
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  Regulation (EEC) No 2081/92 This Regulation 
– Article 13(3), second subparagraph 
Article 13(5) Article 13(4) 
Article 14(1) and (2) Article 14(1) and (2) 
Article 14(3) Article 3(4) 
Article 15 Article 15 
Article 16 Article 16 
– Articles 17 to 19 
Article 18 Article 20 
Annex I Annex I 
Annex II Annex II 
 
__________